Plaintiff fell behind on her car payments. The lender turned the debt over to a collection agency that used technology and some remarkably poor judgment in an attempt to get paid.

The first bad decision was to use a caller-ID spoofer to make it look like the collection call was coming from plaintiff’s mother in law. The next not-smart use of technology was to access plaintiff’s MySpace page, learn that plaintiff had a daughter, and to use that fact to intimidate plaintiff. There was evidence in the record to suggest that the collection agency’s “investigator” said to plaintiff, after mentioning plaintiff’s “beautiful daughter,” something to the effect of “wouldn’t it be terrible if something happened to your kids while the sheriff’s department was taking you away?”

Plaintiff sued the debt collection agency under the Fair Debt Collection Practices Act. The FDCPA sets some restrictions on how debt collectors can go about their business. Plaintiff moved for summary judgment. The court granted the motion.

It held that the collection agency engaged in conduct the natural consequence of which was to harass, oppress, or abuse in connection with the collection of the debt; used false, deceptive, or misleading representations or means in connection with the collection of the debt; and used unfair or unconscionable means to collect or attempt to collect the debt.

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Evan Brown is an attorney in Chicago helping businesses and individuals identify and manage issues dealing with technology development, copyright, trademarks, domain names, software licensing, service agreements and other matters involving the internet and new media.

Evan is a partner in the law firm of Much Shelist, P.C. He is an adjunct professor of law at Chicago-Kent College of Law, and is a Domain Name Panelist with the World Intellectual Property Organization (WIPO).